PLEASE READ THE SECTION 9 ENTITLED “ARBITRATION, CLASS ACTION WAIVER, DISPUTE RESOLUTION, GOVERNING LAW, AND JURISDICTION” CAREFULLY, AS IT LIMITS OR MAY OTHERWISE AFFECT YOUR LEGAL RIGHTS AGAINST WONDERFOLD.
BY CLICKING THE “I ACCEPT,” “CONTINUE,” “PAY NOW” OR “GO” BUTTONS OR ANY SIMILAR ATTESTATION WHEN SUCH OPTION IS MADE AVAILABLE TO YOU, OR BY OTHERWISE USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, AS WELL AS ANY OTHER POLICIES OR GUIDELINES MADE AVAILABLE THROUGH THE WEBSITE, EFFECTIVE AS OF THE DATE OF SUCH ACTION. YOU EXPRESSLY ACKNOWLEDGE AND REPRESENT THAT YOU HAVE CAREFULLY REVIEWED THESE TERMS AND FULLY UNDERSTAND THE RISKS, COSTS AND BENEFITS RELATED TO TRANSACTIONS MADE USING THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE.
- Changes to Terms
We reserve the right to modify these Terms at any time without prior notice. Changes to the Website, including features, content, or service, from time to time are in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter, unless we expressly specify otherwise. In any event, no changes will apply retroactively as to any claims existing prior to the “last updated” date. However, any changes to the dispute resolution provisions set out in “Arbitration, Class Action Waiver, Dispute Resolution, Governing Law and Jurisdiction” will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. It is your responsibility to regularly check these Terms to stay informed of updates, as they are binding. We will indicate that these Terms have been updated by updating the “last updated” date at the top of these Terms. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
- WonderFold Goods
- Retail Customers. If you are a retail customer, WonderFold can only accept orders of products or goods we make available (“WonderFold Goods”) from authorized customers that have provided a valid resale number, business license, and other required documentation. The terms and conditions specified herein and on any invoices issued by WonderFold are exclusive and controlling. Any additional or conflicting terms or conditions contained in any order placed by any customer are void.
- Consumer Customers. If you are a general consumer, you can place an order for WonderFold Goods through our Website or through Third-Party Services. Making purchase through a Third-Party Service will be subject to such Third-Party Service’s payment terms.
- Prices, Delivery and Quantity. WonderFold Goods may have limited quantities and we make no guarantee that any WonderFold Goods will be available. Prices and specifications are subject to change without prior notice. Delivery dates are approximate and not guaranteed. Full risk of loss and title passes to Customer at the time the merchandise leaves WonderFold’s warehouse or WonderFold delivers the merchandise to a carrier. If any shipment is returned as undelivered by the package carrier, the customer will be solely responsible for any reshipment costs, even if the original shipping was free.
- Payment Terms. You agree to pay the full cost displayed for WonderFold Goods that you purchase as listed on the checkout page of your applicable purchase. Promotional codes MUST be used at the time of purchase. We do not allow partial refunds after the order has been submitted. You are responsible for paying any and all sales, use, value-added, and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority that are subject to your purchase of the WonderFold Goods.
- Territorial Restrictions. WonderFold goods are subject to territorial restrictions. WonderFold has exclusive distribution arrangements in many countries and its products may only be distributed in those countries by WonderFold’s authorized distributors. A list of international distributors is available on the WonderFold website or by contacting the customer service department. WonderFold reserves the right to revoke discounts or refuse to sell to customers who violate these restrictions.
- International Delivery. For international delivery outside the United States, you are considered as the importer of record and must comply with all applicable laws and regulations in your country. Charges for duties, taxes and the carrier’s collection fee are in addition to your shipping charge and must be borne by you. **We do not currently offer international shipping.
- Returns. All returns are subject to the WonderFold Return Policy, which is incorporated herein by reference. Please contact customer service or visit WonderFold’s website to obtain a copy of the Return Policy.
- WonderFold Goods Stock. If any WonderFold Goods are not in stock at the time an order is shipped, it will be shipped if and when it becomes available or canceled if requested by customer. Customers seeking backorders must specify a cancellation date when placing their purchase order.
- Third-Party Links and Services
The Website may contain links to other sites and resources provided by third parties and not controlled by WonderFold (“Third-Party Services”). We have no control over the contents of Third-Party Services, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use all Third-Party Services are at your own risk, and you should apply a suitable level of caution and discretion in doing so. When you click on any link to the Third-Party Services, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
- Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by WonderFold, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by WonderFold. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
- Prohibited Uses
You agree not to use the Website to:
- Violate any law, regulation, or governmental policy in the US or internationally;
- Infringe upon or violate intellectual property rights or any other rights of anyone else (including WonderFold);
- Impersonate or attempt to impersonate another individual, entity, WonderFold employee, agent, or another user of the Website;
- Infringe, in any way, on the rights of others or engage in or promote any behavior or activity that is harmful, offensive, fraudulent, deceptive, threatening, harassing, dangerous, defamatory, obscene, profane, discriminatory or otherwise illegal or objectionable;
- Modify or otherwise make any derivative uses of the Website, or any portion thereof;
- Decompile, reverse engineer, or otherwise attempt to obtain source code or underlying ideas or information of or relating to the Website we provide;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which any part of the Website requires, or any other computer or database connected to the Website;
- Circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Website;
- Attack the Platform via a denial-of-service attack or distributed denial-of-service attack;
- Use the Website to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
- Use the Website to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
- Use any device, software, bot, or routine that interferes with the proper working of the Website;
- Use any manual or automated process to monitor or copy any of the material on the Website or for any other unauthorized purpose, including, without limitation, using any automated or non-automated systems to scape, copy, or distribute content without our prior written consent;
- Damage, overburden, disable, or impair the Website;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm or offend WonderFold or its users, or otherwise expose them to any liability; and
- Otherwise attempt to interfere with the proper working of the Website.
- Disclaimer of Warranties
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY WONDERFOLD GOOD OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WONDERFOLD NOR ANY PERSON ASSOCIATED WITH WONDERFOLD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY DIGITAL ASSET. WITHOUT LIMITING THE FOREGOING, NEITHER WONDERFOLD NOR ANYONE ASSOCIATED WITH WONDERFOLD REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITS CONTENTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- Arbitration, Class Action Waiver, Dispute Resolution, Governing Law and Jurisdiction
Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully as it requires you to arbitrate disputes with WonderFold and limits the manner in which you can seek relief from us.
You agree that any dispute or claim relating in any way to the Terms or subject matter in connection therewith, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or WonderFold may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a written request of arbitration with a description of your claim to us via email or physical mail at the addresses provided in Section 16 (Contact Information) below. The arbitration shall be conducted by JAMS, an established alternative dispute resolution provider. If JAMS is not available to arbitrate, the Parties shall select an alternative arbitral forum. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
YOU AND WONDERFOLD HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, EXCEPT WITH RESPECT TO CLAIMS ASSERTED IN SMALL CLAIMS COURT, OR IF YOU OPT OUT OF ARBITRATION AS PROVIDED BELOW.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out within thirty (30) days after first becoming subject to this Arbitration Agreement to the email or physical address provided in Section 16 (Contact Information) below. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you.
You agree that these Terms and all subject matters arising out of or in connection with the these Terms, except for the Arbitration Agreement above, are governed by, and construed in accordance with, the laws of the State of California, without giving effect to any of its conflict of laws principles.
- Limitation of Liability
NOTWITHSTANDING ANY CONTRARY PROVISION OF THESE TERMS OR FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY, AND TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU AGREE AS FOLLOWS:
(a) IN NO EVENT WILL WONDERFOLD BE LIABLE FOR (I) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER, IN ANY CASE WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR CONNECTED WITH ACCESS OR USE OF THE WEBSITE;
(b) IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ALL DAMAGES OR LIABILITIES EXCEED IN THE AGGREGATE THE GREATER OF (i) THE AMOUNT PAID BY YOU TO US IN THE THREE MONTHS FOLLOWING THE EVENT GIVING RISE TO THE CLAIM, or (ii) (USD $50.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION; and
(c) NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. SOME JURISDICTIONS FURTHER DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY UNDER THIS SECTION 10 SHALL NOT APPLY IF AND TO THE EXTENT OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
Notices from one party to any other party must be in the English language and must be reasonably detailed. Notices shall be effective on the date on which the notice is delivered to the notified party’s authorized email address or as published by WonderFold as described herein. Until you receive notice of a different email address from us, WonderFold’s authorized email address is provided in Section 16 (Contact Information) below.
The failure by us to enforce any right or provision of these Terms shall not prevent any party from enforcing such right or provision in the future. No waiver by a party of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by such party. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be unlawful, invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The headings of the sections and subsections contained in these Terms are included for reference purposes only, solely for the convenience of the parties, and shall not in any way be deemed to affect the meaning, interpretation or applicability of these Terms or provision hereof. When the context requires, the plural shall include the singular and the singular the plural; and any gender shall include any other gender. All references to “including” or “includes” or any variation thereof shall be deemed to include the terms “without limitation”. The words “hereunder,” “hereof,” “hereto” and words of similar import shall be deemed references to these Terms as a whole. To the extent not prohibited by applicable law, these Terms shall not be construed against the party who drafted these Terms.
- Entire Agreement
These Terms constitute the sole and entire agreement between you and WonderFold regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
- Contact Information
5796 Martin Road
Irwindale, CA. 91706